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HomeMy WebLinkAbout4672 RESOLUTION NO. 4 6 7 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTLiORIZING THE - MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY FOR . THE PURPOSE OF PROVIDING ROAD SERVICES WHEREAS, the Ciry of Aubum owns public roads and traffic devices which require periodic maintenance and/or other improvements; and WHEREAS, King County Road Services Division is in a position to provide certain emergency services; bridge inspections, maintenance and road improvemeMs services for the Gity at a cost that is advantageous to the City; and WHEREAS, the City wishes fo contract with the King Courrty Road Services Division for such emergency; bridge inspections, maintenance and road improvements services; and WHEREAS, such a contract would benefit both,the City and the County tiy cost savings to the City and a fuller uGlization of Caunty equipment at a fair rdte of compensation; and WHEREAS, the proposed Agreement establishes the City's role and responsitiilities as the recipiertt of such services and the County's role and responsibifities as the provider of such services; and WHEREAS, the parties are authorized by Chapter 39.34 of the Revised Code of Washington to enter irrto an interlocal cooperation agreement of this nature. Resolution No.4672 January 3, 2011 Page 1 NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City.Clerk are hereby authorized to execute an Interlocal Agreement with King County, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor and Ciry Clerk are authorized to imptement , such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in fult force upon passage and signatures hereon. Dated and Signed this�day of �a�,���, 2011. CITY OF AUBURN E B. LEWIS MAYOR ATTEST: , C� anielle E. Daskam, City Clerk APPROVED AS TO FORM: 'P�'Daniel B. eid, City Attomey Resolution No. 4672 January 3; 2011 Page 2 EXHIBIT "A" INTERLOCAL AGREEMENT FOR PROVISION OF ROAD RELATED MAINTENANCE SERVICES TO BE PERFORMED BY HING COUNTY ROAD SERVICES DIVISION �+ 1'I-IIS ACrREEMENT is maiie and entered into this��day of 2011. The parties ("Parties")to tkrisAgreement aze King County, a political su 'sion of e State of Washington ("Coanry")and the City of Auburn, a State of Washington municipal corporation ("City'�. RECITALS A. The City owns public roads and traf�c devices which require maintenance. B. The City is desirous of contracting with the County for the performance of certain road maintenance and repair services such as striping and pavement markings; bridge inspections and related maintenance repair; and emergency related maintenance and repair services. C. T&e County is agreeable to perfomvng the maintenance and repair services on the terms and conditions hereinafter set forth and in consideration of the mutual covenanu and agreements herein contained. D. The Parties can achieve cost savings and benefits in the publids interest by having the County perform the maintenance and repair services for the City at the City's expense. E. Pursuant to RCW 39.34,the Interlocal Cooperation Act,the Parties are each authorized to enter into tkris Agreement AGREEMENT NOW,TI-IEREFORE,the parties agree as follows: 1.. Work 1.1 Scope of Work. The County Road Services Division shall perform the maintenance and repair services described on the attached Exhibit 1, Scope of Work. 1.2 Modification of Work. If the Ciry desires to modify the Scope of Work, it shall notify the County: If the CoimTy agrees, the Parties shall prepare an au►ended Scope of Work, which will be attached hereto as Exlribit 2. The amended Scope of Work shall beaz the signature of the Road Services Division Director for the County and the Director of Public Works for the City,suttiorizing the amended work. Resolution No.4672 Exhibit"A" � January 3,2011 Page l of 7 2. Couatv Personnel Standards The County is acting hereunder as an independent conhactor so that: a County employees performing maintenance and repair services hereunder sha(1 be for all purposes employees of the County; b. Control of County personnel standards of performance, discipline, and all other aspects of employment shall be goVemed entirely by the County. 3. Comnensation 3.1 Costs. The City shall pay the Counry for actual costs (direct labor, employee benefits, equipment iental, materials and supplies, utilities, permits, and administrative overhead costs) for the maintenance and repair services performed by the County. Administrative overhead costs shall be charged as a percentage of direct labor costs. 3.2 Billin . The Cotinty will bill the Cityfor the cost of work perFormed. The bill will reflect actual costs and administrative overhead, as described in Section 3.1 above. Paynients are due within 30 days of tiie City's receipt of said invoice. 4. Pettnits The City is responsible for obtaining any pemuts. or other authorizations that may be _ necessary for the County to perform the maintenance and repair services under this Agreement. 5. . Counri Resoonsibilities S.1 County Status. The County will act as a contractor only and will not purport to represent the City professionally. 5.2 Countv PerFormance. The County shall perform the maintenance and repair services requested by the Ciry as described in the Scope of Work. The County will fiunish all necessary labor, supervision, machinery, equipment, materials, and supplies to perform the maintenance and repair services requested by the City in the Scope of Work. 53 Timins of Work. The County will make-eyery effort to recognize pertinent City deadlines for completion of the requested maintenance and repair services, and will notify the City of any hardship or other inability to perform the work requested, including postponement of work due to caciunstances requiring the County fo ResoluNon No.4672 Exhibit"A" ]enuary 3,201 l Page 2 of 7 prioritize its resources towazd emergency-related work. 6. Dutarion � This Agreement is effeclive upon.signature by both,pazties, and shall remain in effect imtil wmpletion of the 2011 work and payment of all sums due hereunder, provided tt�at either party may temunate this Agieement by a written notice received bythe other party ai least five businessdays before the work commences. 7. Force Maieure The County's pefformance under this Agreement shall be excused during any period of foice majeure. Force majeure is defined as any condiUon that is beyond the reasonable control of the County, including but not limited to, natural disaster, severe weather condirions, conhact dispute§, labor disputes, epidemic,pandemic, delays in acquiring right- of-way or other necessary property or interests in properiy, pemiitting delays, or any other delay resulting from a cause beyond the reasonable control of the County. 8. Dispute Resolution 8.1 In the event of a dispute between the Patties regazding tlus Ageement, the Parties shall attempt to resolve the matter informally. 8.2 If the Parties are unable to resolve the matter informally, the matter shall be decided by the Director of the King Coumy Road Services Division and the Public Works Director of the City. If the Parties are unable to reach a mutual agreement, either Party may refer the matter to non-binding mediation. 8.3 Unless othenvise expressly agreed to by the Parties in writing, both the County and the City shall continue to perForm all their respecrive obligations under this Agreement during the resolution of the dispute. 8.4 This Agreement shall be interpreted in accordance witli the laws of the State of Washington in effect on the date of ea�ecution of tliis Agreement. In the event any party deems it necessary to institute legal action or proceedings to ensure any right or obligation under t6is Ageement, the Parties hereto agree that such action or proceedings shall be brought in a court of coiapetent jurisdictioa in King County Washington. 9. Liabili The Ciry and the Counry 8gree to defend, indemnify aad hold hazmless each other, their respective officials, agents and employees, from and against any and all claims, damages, injuries, liabilities, actions, fines, penalties, costs and expenses (including reasonable Resolution No.4672 Exlubit"A" January 3,2011 Page3 of 7 attorney fees) that arise out of or are related to the negligent acts or omissions of the indeinnifying party and its officials,agenu, employees acting within the course and scope of their employment and in the perFormance of said party's obligations under this Agreement or the eacercise of a party's rights and privileges under tlris Agreement. In the event any such liability arises from the concuirent negligence of the indemnifying party and the other party, or any of their respective actors, the indemnity obligation of tlus section shall apply only w the extent of the negligence of the indemnifying party and its actors. 1'he foregoing provisions specifically and expressly intend to constitute a waiver of each party's immunity under indus�ial.insurance, Title 51 RCW, as respects the other party only, and only to the e�ctent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver has been mutually negotiated. 10. Anolicable Laws Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 11. Authori Each individual executing this Agreement on behalf of the City and the Co.unty represerns and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City or the County. 12. Audits and Inspections The records and documeats pertaining to all mattets covered by this Agreemem shall be retained and be subject to inspection, review or audit tiy the County orthe City during the term of this AgreemenYand for tt�ree(3)years thereafter: 13. Entire A�eement and Amendments This Agreement contains the entire agreement of the parties hereto and supersedes any and all prior oral or written representations or undeistandings. This Agreement may oniy be amended by mutual, written agreement between the parties, provided that the Scope of Work may be amended as described'in Section 1.2 abo4e. 14. No Third Partv Riehts Nothing contained herein is intended to, nor shaq be conshved to, create any rights in any third party, or to form the basis for any liability on the part of the parries to this Agreement, or their bfficials,officers,employees,agents or representatives,to any third party. Resolution No.4672 , Exlu'bit"A" January3,201 l Page 4 of 7 15. Waiver of Breach Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of;any prior or subsequeirt breach and shall not be construed to be a modificaUon of the terms of this Agreement. 16. Headines The headings in this Agreement aze for conveni�ce only and do not in any way limit or amplify the provisions of this Agi�eement. . , 17. Invalid Provisiona If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the parties. IN WITNESS WHEREOF, the parties have executed this Ageement effective as of the date last written below. KING COUNTY CITY OF AUBURN %[�C� King Counry Executive C'_ Mayor ,S_o� �l 1$ zo� Date Date Approved as to Form Approved as to Form , � g . ountY ePu secuting ' City Attorney 0 Resolution No.4672 E�chiliit"A" January 3,20ll Page 5 of 7 ��rr i Scone oF Work Citv Strioine and Pavement Markines The Gity requests citywide replacement striping, raised pavement mazkings (RPMs) and thermoplastics services in 2011. The City will identify specific locations that will be striped twice in 2011. Locations for thermoplastics and raised pavement markings wilI also be provided by the City. Sckiedule • Since striping, RPMs and thermoplastics installations are weather dependent services, specific scheduling date(s) will be mutually determined between the City representative, Pablo Para and the County representative, George Dudley. Cost Estimate � Without an accurate inventory of striping, RPMs and thermoplastics in the City, the Counry is unable to provide a cost estimate. • The City's budget for these services is $150,000. • The County will tfierefore do approximately $150,000 worth of striping, RPMs and thermoplastics. • The City agrees that the County cannot guarantee that all striping, RPMs anii thermoplastics in the City cazi be accomplished within the City's budget. • If the County cannot accomplish all the citywide striping, RPMs and thermoplastics within the City's budget, the City may increase the budget necessary to complete the requested work. Brid¢e Insaections and Related Maintenance Reosir Work The City requests bridge inspections per the 2011 bridge schedule for four city bridges per the Narional Bridge Inspec6on Standards as published in the Code of Federal Regulauons, 23 CFR 650 Subpart C and the State of Washington Bridge inspection Manual. In addition, the City.may requests bridge maintenance repair work under this Agreement as a result of the inspections. The County will provide cost estimates for aay maintenance repair work requested by the Ciry. Schedule • The bridge inspections will occur in tHe fall of 2011. • Any related bridge maintenance repair work will be scheduled as mutually agreed by the County and the City. Resolution No.4672 E�ctiibit"A•• ' January 3,2011 ' Pagebof7 Cost Esrimate • Tfie cost estimate is approximately $3,500 for the inspections of four city-owned bridges ia 20I1. • Ttie cost estimate for any related bridge maintenance repair work will be provided upon the city's request to have the County perform such repair work. Emereencv Call 0at'Services The City requests the provision of emergency related maintenance/repair work including, but not limited to the following. • Traffic signal relate.d maintenance/repau� work for signal pole knockdowns, signal controller failures, and o.thers. • Bridge maintenance/repair work such as clearing wood and log debris and others. Schedule Eineigency call out services will be scheduled and done based on availability of County crews as ttiis service.is anticipated to be needed during time of emergency such as a flooding or a storm that maysimilarly impact Counry roads and facilities. Resolution No.4672 Exhibit"A^ ' January 3,2011 _ , Page 7 of 7